3701:1-54-03
Assured isolation facility.

(A)
This rule covers the licensing of the storage and safe isolation of licensable
radioactive waste, and not disposal of such waste as delineated in rules
3701:1-54-06 to
3701:1-54-12 of the
Administrative Code, over the term of a license prior to disposal in accordance
with Chapter
3701:1-38 of the
Administrative Code, and other rules promulgated under Chapter 3748. of the
Revised Code. The requirements of this rule are in addition to those in
Chapters
3701:1-40,
3701:1-44 and
3701:1-56 of the
Administrative Code, and other rules pursuant to Chapter 3748. of the Revised
Code. The requirements of this rule apply to all generators of radioactive
waste, and those that store radioactive waste, as follows:

(1)
All of the requirements of this rule
apply to an assured isolation facility (AIF) used by more than one licensee to
hold radioactive waste for storage or any radioactive waste generator who
proposes to store radioactive waste at a location other than their currently
licensed facility.

(2)
Licensees
that continue to hold only their own radioactive waste beyond a five year
period at their currently licensed facility shall apply for a license to
operate an AIF and must comply with paragraphs (B), (C)(1), (C)(2), (C)(4),
(C)(5), (C)(7), (C)(9), (D)(3), (D)(4), and (E) to (N) of this rule. Licensees
undergoing license termination in accordance with rules
3701:1-38-22 and
3701:1-40-18 of the
Administrative Code, or are undergoing decommissioning under an approved
decommissioning plan in place as of the date of this rule, are exempt from the
licensing requirements of this rule.

(3)
Notwithstanding the requirements of
paragraph (A)(2) of this rule, licensees that demonstrate a need to hold their
own radioactive waste beyond a five year period at their currently licensed
facility may apply for an amendment to the license under which the waste is
currently stored. The license amendment will be based on the licensee's needs,
but will not permit storage beyond a total of ten years from the date that the
waste was generated. The amendment may be approved if the director finds that
the licensee (a) provides good cause for the need for the extension, (b)
demonstrates that the waste will continue to be safely stored during the
extension, and (c) submits a planned schedule for the disposition of the
waste.

(C)
The contents of a license application
shall provide sufficient information on the AIF, its operators, and the types
of waste held, to provide reasonable assurance that the performance objectives
will be met. As a minimum, the applicant shall do the following:

(1)
Submit a license application pursuant to
Chapter 3701:1-40 of the Administrative Code.

(2)
Provide a description of the licensed
operating activities requested, including, but not limited to:

(b)
The licensed activities
involving the transportation, storage, and handling of radioactive
waste;

(c)
The types, chemical
and/or physical forms and quantities of radioactive waste to be received,
possessed, and stored;

(d)
The
proposed time schedules for construction and receipt of radioactive waste at
the proposed AIF; and

(e)
The
estimated maximum amount of radioactive waste to be stored, both in terms of
volume and activity, by radionuclide.

(3)
Describe the site suitability for storage
of licensed radioactive materials for each of the following categories.

(a)
Describe and justify the location of the
AIF in terms of land use. Include in the description the nearby structures
present, local land usage, local populations, public facilities, local roads
and traffic.

(b)
Define the
characteristics of the site by identifying and describing applicable portions
of paragraph (D)(1) of this rule.

(c)
Provide a description of the site
radiological environmental monitoring program to meet the criteria in paragraph
(I) of this rule. Include baseline information for the data to be
collected.

(8)
Submit an emergency response plan in
accordance with Chapter 3701:1-40 of the Administrative Code.

(9)
Submit the quality assurance program used
in accordance with rule
3701:1-54-04 of the
Administrative Code to ensure that the maintenance and operation of the AIF
meets the performance objectives, is consistent with the contents of the
license application, and satisfies the requirements for the receipt, handling,
emplacement and retrieval of waste in this rule.

(D)
The design of an AIF shall provide
reasonable assurance that the radioactive waste will maintain its integrity and
remain isolated from the environment as intended.

(1)
The overall hydrogeologic environment of
the site, in combination with engineering design, shall act to minimize and
control potential radioactive waste migration into surface water and ground
water in the event of an accidental release. Identification and consideration
of the hydrogeologic environment shall include, but is not limited to:

(a)
Upstream drainage features such as the
potential for frequent ponding and slope stability;

(b)
Characteristics of nearby rivers,
streams, wetlands, or other bodies of water;

(b)
In
the recharge area of a sole source aquifer unless it can be demonstrated with
reasonable assurance the new AIF will be designed, constructed, operated, and
decommissioned without an unreasonable risk to the aquifer.

(c)
Ensure that
the site drainage and slope stability preserves the integrity of the AIF's
foundation.

(d)
Ensure that the AIF
shall meet the standards prescribed in ASCE/SEI 7-10 "Minimum Design Loads for
Buildings and Other Structures" (3rd printing,
2013) for a Category II facility as defined in the standard. This
publication may be purchased from the "American Society of Civil Engineers,
1801 Alexander Bell Drive, Reston, Virginia 20191-4400, telephone (800)
548-2723," or this publication can be viewed at "the Bureau of Radiation
Protection library, 246 N. High Street Columbus, Ohio 43215." Facilities that
will have containers exceeding a Type A Quantity of radioactive material in
normal form, as defined in Chapter 3701:1-50 of the Administrative Code, must
meet the criteria for a category III facility as defined in the
standard.

(f)
Provide for site and effluent monitoring as appropriate for the AIF.

(g)
Ensure that buildings and areas used for
the storage of radioactive wastes shall have appropriate ventilation and fire
protection systems to minimize the release of radioactive materials into the
soil, water, or atmosphere.

(i)
Ensure that the
design and operation of the radioactive waste storage area shall be such that
radiation levels, concentrations, and potential exposures due to airborne
releases during operations are within the limits specified in Chapter 3701:1-38
of the Administrative Code and are maintained as low as reasonably achievable
(ALARA).

(j)
Ensure that the design
and operation of the AIF shall be compatible with the objectives of the
decommissioning funding plan for the AIF.

(k)
Ensure that the AIF shall be designed to
confine spills. Independent and diverse engineering barriers shall be provided
as necessary to minimize potential releases from the AIF.

(E)
The applicant shall provide a
description of the site and accurate drawings of the AIF. The descriptions
shall address the following features, and any design features used in support
of the performance objectives:

(1)
Describe
the ventilation system and how it will ensure adequate environmental controls
of the storage area, including, but not limited to, heating, cooling, and
humidity. Describe any applicable exhaust air filtration used.

(2)
Describe the fire protection and
suppression system to minimize the likelihood and extent of fire.

(3)
Describe any plumbing, pipes, and/or
wiring that goes through the storage or handling areas.

(4)
Describe the physical security of the
radioactive waste areas and the AIF. Include how acts of sabotage or deliberate
attacks, and the consequences thereof, will be minimized.

(5)
Identify radioactive waste storage areas,
demonstrating where radioactive waste will be stored and how radioactive waste
containers will be accessible for routine inspections.

(6)
Describe the locations of radioactive
waste handling areas, air sampling stations, effluent filters and any sources
of flammable or explosive material.

(7)
Provide a description and accurate
drawing of any required special handling equipment to be employed.

(8)
Describe the equipment installed to
maintain control over the maximum concentrations of radioactive materials in
gaseous and liquid effluents produced during normal operation and the means
employed to keep levels of radioactive material in effluents to unrestricted
areas ALARA.

(9)
Describe the
building codes and standards applied to the design and construction of the
AIF.

(10)
Describe the AIF
construction, including, but not limited to, the building materials and method
of construction. Submit copies of required building and zoning
permits.

(11)
Describe the
activity, volume, classification and specifications of the radioactive material
to be received, possessed, and stored at the AIF.

(F)
The applicant shall describe the
operations of the AIF in accordance with the radioactive waste procedures to
meet the performance objectives.

(1)
Describe
the procedures to secure radioactive materials from unauthorized access and
removal, including the control of access to the AIF. Include how acts of
sabotage or deliberate attacks, and the consequences thereof, will be
minimized.

(2)
The commingling of
radioactive wastes from different generators into a single waste container is
prohibited. Describe the procedures used to verify this requirement is
met.

(3)
Describe the radiation
safety program for control and monitoring of radioactive effluents to ensure
compliance with the occupational radiation exposure limits, and to control
contamination of personnel, vehicles, equipment, buildings, and the AIF.
Routine operations, inadvertent releases, and accidents must be addressed. The
program description must include procedures, instrumentation, facilities, and
equipment.

(5)
Describe
the program for safe placement and inspection of waste in storage and
maintaining occupational exposures ALARA. The program should include periodic
radiation and contamination surveys of individual packages and the storage area
in general, as well as posting the storage area.

(6)
Describe the system for maintaining
accurate records of radioactive materials and a current inventory of
radioactive waste.

(b)
Describe the equipment and procedures
used to maintain control over on-site exposures to and releases of radioactive
material. Include monitoring methods, containment mechanisms, accident
mitigation methods and procedures, and the corrective action process used when
deviations are discovered.

(c)
Describe the spill detection equipment and cleanup plans for the site and
associated transportation of radioactive material.

(10)
Provide a description of the site
radiological environmental monitoring program to meet the criteria in paragraph
(I) of this rule. Include baseline information for the data to be
collected.

(11)
Provide a
description of the personnel training and retraining program.

(a)
If an emergency response plan is required
in paragraph (C)(8) of this rule, the applicant shall provide all offsite
emergency response organizations that would respond in the event of an accident
a copy of the plan and allow sixty days to comment on the applicant's emergency
response plan prior to submitting the plan to the director.

(b)
The applicant shall submit copies of any
comments received during the comment period to the director with the emergency
response plan.

(13)
Describe the system for maintaining inventory of receipt, storage, and transfer
of radioactive waste.

(14)
Describe
the disposition of radioactive material and the AIF upon termination of the
license.

(G)
To meet the
radiation safety requirements the following must be met:

(1)
The safety manual shall include a
description of personnel monitoring methods, training and procedures to be
followed to prevent employees from ingesting or inhaling radioactive materials,
and methods to keep radiation exposures ALARA;

(2)
The operating manual shall include
procedures to protect the integrity of the waste and waste containers during
normal handling and storage conditions, and shipping radioactive
materials;

(3)
An emergency
response manual shall include procedures to address likely minor and major
accident conditions, incident response command structures, and a description of
procedures for responding to emergencies, including notification of and
coordination with local fire, police and medical departments;

(4)
The radiation safety program shall
incorporate the requirements of Chapters 3701:1-38 and 3701:1-40 of the
Administrative Code, and include topics on the ALARA policy, radiation safety
procedures, training, ventilation systems, air sampling, contamination control,
internal exposure control and assessments, external exposure control, and
instrumentation used; and

(5)
The
applicant shall describe the program for training personnel in procedures for
packaging, handling, placement, inspection, surveying and emergency response
for radioactive waste storage and transportation.

(H)
Radioactive waste and materials are to be
transported, handled, and stored in a safe manner to meet the performance
objectives in paragraph (B) of this rule.

(4)
The radioactive waste
shall be secured from unauthorized access and removal by individuals, and
maintained to prevent unintentional releases to the environment.

(I)
A radiological environmental
monitoring program shall be developed and used to measure and monitor
radionuclides in all pathways to individuals and the general public from
licensed radiological operations. All applicants shall:

(1)
Describe the environmental monitoring
program to provide data to evaluate potential health and environmental impacts
in support of the performance objectives.

(2)
Describe the action levels of
radionuclides in the environment that will initiate an investigation or
corrective action.

(3)
Describe the
plan for additional monitoring in the event of an unintentional release of
radionuclides.

(J)
Records and reports shall be developed and maintained in accordance with
Chapters 3701:1-38, 3701:1-40, and other chapters of the Administrative Code
promulgated pursuant to Chapter 3748. of the Revised Code, and the following:

(1)
The licensee shall prepare and send
statements to each generator of their own waste status, including but not
limited to volume, radionuclides, activity, waste container condition,
regarding prior year inventory balances, additions and withdrawals of waste
from the AIF, and final inventory balance. Both the licensee and the generator
shall retain copies of these reports for three years.

(2)
The licensee shall prepare and send an
annual summary report to the director and publish a local notice of the
report's availability to the public. The report shall include, at a minimum, a
summary of waste in the AIF (prior year inventory balances, additions,
withdrawals, and final balances), capacity utilization (volume and radionuclide
license limits), incidents, environmental monitoring results, radionuclide
releases to the environment, and a fiscal annual report. The licensee shall
retain copies of these reports until the license has been terminated.

(3)
The annual report to the generators and
the annual summary report shall be completed and submitted to the director
within sixty days after the end of the calendar year.

(1)
The radioactive materials will remain
under active licensee control throughout the term of the license so that the
licensee performs an environmental monitoring program, maintains surveillance
and custodial care of the radioactive materials and the facility, and satisfies
other requirements as determined by the director.

(2)
The generator of the radioactive waste
shall retain title to the waste.

(3)
The generator is responsible for the
radioactive waste as shipped, including but not limited to the original
containers and contents delivered, waste form, and radionuclide identification
and quantification. The AIF operator is responsible for the waste handling and
storage conditions after acceptance of the waste until its ultimate
disposition.

(4)
Each generator
shall issue an irrevocable trust to the AIF operator to cover the cost of
disposal in the event that the generator becomes bankrupt. The AIF operator
must submit a copy of each trust agreement to the director. Each trust shall be
reviewed and updated every five years.

(1)
The licensee shall meet the applicable financial assurance and decommissioning
requirements for unrestricted release in rules
3701:1-38-22 and
3701:1-40-17 of the
Administrative Code.

(2)
The AIF
shall return radioactive materials to the generator or generator's designee
upon the AIF's failure to renew a license or prior to license
termination.

(3)
In the event that
the AIF cannot meet the financial assurance requirements as determined by the
director, the waste held must be returned to the generators or their designees
within ninety days after determination that the licensee financial assurance
cannot be met.

(1)
Each
license will place limitations on the aggregate radioactive waste volume as
well as radionuclide quantities.

(2)
An AIF license shall be renewed in
accordance with Chapter 3701:1-40 of the Administrative Code. During the
license renewal process, an existing licensed AIF shall verify compliance with
the originally licensed structural design for the originally licensed usage.
Any changes from the originally licensed usage or structural design will
require a reevaluation of the entire AIF based on current standards.

(3)
All users of the AIF shall contractually
agree to the return of the radioactive waste to the generator, or transfer to
the generator's designee licensed to receive such waste, at the end of the
radioactive material storage, which may not exceed one hundred years from the
time of the receipt of the waste.

(N)
Commencement of construction prior to the
director issuing a license or renewal for the AIF is at the economic risk of
the applicant.